This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language.
Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice.
Presented thematically, with contributions from leading scholars in the field, this innovative collection offers a truly new and unique perspective on children's rights.
Part I: Children's Rights Judgments: From Academic Vision to New Practice
1. Introducing Children's Rights Judgments
Helen Stalford, Kathryn Hollingsworth and Stephen Gilmore
2. Judging Children's Rights: Tendencies, Tensions, Constraints and Opportunities
Helen Stalford and Kathryn Hollingsworth
3. Towards Children's Rights Judgments
Kathryn Hollingsworth and Helen Stalford
Part II: Children's Rights and Family Life
4. Re X and Y (Foreign Surrogacy) [2008] EWHC 3030 (Fam)
Commentary: Emma Walmsley
Judgment: Jo Bridgeman
5. Case C-167/12 CD v ST [2014] ECR I-000 18 March 2014
Commentary: Connie Healy
Judgment: Eugenia Caracciolo di Torella
6. Re C v XYZ County Council [2007] EWCA Civ 1206
Commentary: Brian Sloan
Judgment: Claire Fenton-Glynn
7. Gas and Dubois v France (Application no. 25951/07) ECtHR 15 March 2012
Commentary: Ursula Kilkelly
Judgment: Lydia Bracken
8. P-S (Children) [2013] EWCA Civ 223
Commentary: David Lane
Judgment: Jane Williams
9. Hoge Raad ECLI:NL:HR:2014:3535 5 December 2014
Commentary: Ton Liefaard and Marielle Bruning
Judgment: Ton Liefaard and Marielle Bruning
10. AAA v Associated Newspapers Ltd [2013] EWCA Civ 554
Commentary: Thomas DC Bennett
Judgment: Kirsty Hughes
Part III: Children's Rights and Medical Decision-making
11. Re W (A Minor)(Consent to Medical Treatment) [1993] Fam 64
Commentary: Emma Nottingham
Judgment: Stephen Gilmore
12. F v F [2013] EWHC 2683 (Fam)
Commentary: Julie Doughty
Judgment: Emma Cave
13. Re T (A Minor) (Wardship: Medical Treatment) [1997] 1 FLR 502
Commentary: Noam Peleg
Judgment: Michael Freeman
14. Re A (Conjoined Twins) [2000] EWCA Civ 254
Commentary: Jonathan Herring
Judgment: Amel Alghrani
Part IV: Children's Rights and Public Authorities
15. R (on the Application of Castle) v Commissioner of Police for the Metropolis
[2011] EWHC 2317 (Admin)
Commentary: Fiona Donson
Judgment: Aoife Daly
16. Collins v Secretary of State for Communities and Local Government [2013] EWCA Civ 1865 CA
Commentary: Stephen Cottle
Judgment: Simon Hoffman
17. Government of the Republic of South Africa and Others v Grootboom 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC)
Commentary: Aoife Nolan
Judgment: Anashri Pillay
18. Valsamis v Greece (Application No 21787/93) ECtHR, 18 December 1996
Commentary: Jenny Driscoll
Judgment: Laura Lundy
19. R (On the Application of Begum) v Head-teacher and Governors of Denbigh High School [2006] UKHL 15
Commentary: Nuno Ferreira
Judgment: Maria Federica Moscati
20. S v Special Educational Needs and Disability Tribunal (SENDIST) and Oxfordshire County Council [2005] EWHC 196 (Admin)
Commentary: Seamus Byrne
Judgment: Neville Harris
21. Canadian Foundation for Children, Youth and the Law v Canada (Attorney General) 2004 SCC 4
Commentary: Lucinda Ferguson
Judgment: Sonja Grover
Part V: Children's Rights and Criminal Justice
22. Roper v Simmons 543 US 551 (2005)
Commentary: Emily Buss
Judgment: Barbara Bennett Woodhouse
23. R v JTB [2009] UKHL 20
Commentary: Kathryn Hollingsworth
Judgment: Ray Arthur
24. The Prosecutor v Thomas Lubanga Dyilo International Criminal Court, Trial Chamber I, Case No ICC-01/04-01/06 14 March 2012
Commentary: Conrad Nyamutata
Judgment: Trevor Buck
25. Farooq Ahmed v Federation of Pakistan PLD 2005 Lahore 15
Commentary: Urfan Khaliq
Judgment: Abdullah Khoso
26. The Case of John Hudson December 1783, trial of John Hudson (t17831210-19)
Commentary: Sue Farran and Rhona Smith
Judgment: Sue Farran and Rhona Smith
Part VI: Children's Rights and International Movement
27. RCB as Litigation Guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest [2012] HCA 47
Commentary: Rhona Schuz
Judgment: Brian Simpson
28. Povse v Austria (Application no 3890/11) ECtHR 18 June 2013
Commentary: Ruth Lamont
Judgment: Lara Walker
29. Case C-34/09 Zambrano v Offi ce national de l'emploi (ONEm) [2011] ECR I-01177 8 March 2011
Commentary: Charlotte O'Brien
Judgment: Helen Stalford
30. Antwi and others v Norway (Application No 26940/10) ECtHR 14 February 2012
Commentator: Ellen Nissen
Judgment: Maria Papaioannou
31. Defence for Children International (DCI) v Belgium (Complaint No 69/2011) ECSR 23 October 2012
Commentator: Gamze Erdem Türkelli
Judgment: Wouter Vandenhole
